Article 22 provides protection against arrest and detention in certain cases. Clauses (1) and (2) deal with punitive detention, while clauses (3) to (7) deal with preventive detention. Preventive detention laws allow detention without trial for a limited period, but the Constitution imposes safeguards like the three-month limit without Advisory Board approval and the right to be informed of the grounds of detention.
Barring exceptions, no law providing for preventive detention shall authorize the detention of a person for a period longer than
Asked in UPSC CBI DSP LDCE 2023 · Topic: Fundamental Rights (Restrictions on Fundamental Rights (Articles 33, 34))
More Indian Polity and Governance questions
- Consider the following statements with regard to the Fundamental Rights : 1. The Parliament has power to modify the rights conferred by Part III of the Constitution of India with regard to persons employed in telecommunication systems of certain categories. 2. During the course of enforcement of martial law in any area, restrictions can be imposed on the exercise of the Fundamental Rights. 3. The Fundamental Rights cannot be overridden for implementing any of the Directive Principles of State Policy. Which of the above statements is/are not correct?
- Who among the following has been given the power by the Indian Constitution to 'impose reasonable restrictions' on the fundamental rights?
- A law which arbitrarily or excessively invades the right of a person is
- In reference to Right to freedom for the protection of the interest of Scheduled Tribes the reasonable restriction may be imposed under
- Which one of the following authorities is authorised by the Constitution to impose reasonable restrictions on Fundamental Rights ?
- In which one of the following cases it has been held that prohibition on sale of eggs within municipal area of Rishikesh is not violative of Article 19(1)g of the Constitution ?
- Assertion [A] : The fundamental rights are not absolute but qualified. Reason [R] : The State may impose reasonable restrictions on them.
- To ascertain the reasonability of restrictions on fundamental rights, the court should keep in view (i) The nature of the right alleged to have been infringed. (ii) The underlying purpose of the restriction imposed. (iii) The extent and urgency of the evil sought to be remedied. (iv) The disproportion of the imposition of restriction and the prevailing conditions.